While vaccines are a pillar of public health, severe adverse reactions, although rare, are a recognized possibility. In fact, data from the U.S. Health Resources and Services Administration (HRSA) shows that the federal government has paid approximately $5.4 billion to individuals who have suffered proven vaccine-related injuries since 1988. This acknowledges a critical truth: your injury is real, and a process exists to address it.

For residents of Florida, understanding your next steps is critical for protecting your health and your rights. You may be wondering what legal recourse is available and how to seek compensation for medical bills, lost wages, and your suffering. This article will guide you through your legal options in Florida, explain how the compensation program works, and provide the clear, accessible information you need to move forward.

Navigating a Florida Vaccine Injury: Understanding Vaccination Injuries

A vaccination injury refers to any adverse health consequence that is determined to be caused by the administration of a vaccine. These injuries can range significantly in severity and type. It is important to differentiate between common, mild side effects—such as temporary soreness at the injection site, low-grade fever, or mild body aches—and more severe, lasting injuries.

Potential serious vaccination injuries that may warrant further investigation include, but are not limited to:

• Shoulder Injury Related to Vaccine Administration (SIRVA): This occurs when a vaccine is improperly administered too high in the arm, leading to inflammation and injury to the shoulder tendons, ligaments, or bursa. Symptoms can include persistent and severe shoulder pain, limited range of motion, and weakness.
• Anaphylaxis: A severe, life-threatening allergic reaction that can occur shortly after vaccination. Symptoms include difficulty breathing, hives, swelling of the face and throat, a rapid heartbeat, and dizziness.
• Guillain-Barré Syndrome (GBS): A rare neurological disorder in which the body's immune system mistakenly attacks part of its peripheral nervous system. While GBS can be triggered by various infections, it has also been associated, in rare instances, with certain vaccinations.
• Brachial Neuritis: Inflammation of the brachial plexus, a network of nerves that extends from the spinal cord in the neck into the shoulder, arm, and hand. This can cause severe pain, weakness, and numbness.
• Encephalopathy or Encephalitis: Inflammation of the brain, which can lead to a range of neurological symptoms.
• Significant aggravation of a pre-existing condition.

Recognizing the symptoms of a potential vaccination injury and seeking prompt medical attention is the first critical step. Seeking legal counsel promptly is important to review the details of your vaccine injury and investigate all potential legal options.

Establishing Medical Malpractice in Florida Vaccination Injury Cases

In Florida, most vaccine injuries are not handled through traditional medical malpractice lawsuits. Instead, they fall under a specialized federal program called the National Vaccine Injury Compensation Program (VICP). We explore the VICP in more detail below.

When you might be able to sue under Florida medical malpractice laws:

• If a doctor or nurse failed to meet the standard of care in a way unrelated to the vaccine's inherent risks—like using contaminated equipment or injecting into the wrong site.
• If the vaccine wasn’t FDA-approved or was improperly stored, and that negligence caused the injury.

The National Vaccine Injury Compensation Program (VICP)

The National Vaccine Injury Compensation Program (VICP), is a federal no-fault system designed to compensate individuals found to have been injured by certain vaccines. For vaccines covered under the VICP (which includes most common vaccines administered to children and adults, such as flu, MMR, DTaP, HPV, etc.), individuals must typically first file a petition with the U.S. Court of Federal Claims.

Key aspects of the VICP include:

• No-Fault System: Petitioners do not need to prove negligence or fault on the part of the healthcare provider or vaccine manufacturer. They primarily need to prove that a covered vaccine caused or significantly aggravated an injury listed on the Vaccine Injury Table or otherwise prove causation.
• Covered Vaccines: The VICP maintains a list of covered vaccines.
• Vaccine Injury Table: This table lists specific injuries and conditions known to be associated with particular vaccines and outlines timeframes for the onset of symptoms. If an injury is on the table and meets the criteria, causation is presumed. If not on the table, causation must be proven.
• Statute of Limitations: Strict deadlines apply for filing a VICP claim: generally within three years after the first symptom or manifestation of onset of the injury, or within two years of a death, or within four years of the first symptom if the injury was the significant aggravation of a pre-existing condition.

Essential Steps to Take Following a Suspected Vaccination Injury in Florida

If you or a loved one experiences adverse effects following a vaccination that you believe may constitute an injury, we advise taking the following steps:

1. Seek Immediate and Appropriate Medical Attention: Your health is the foremost priority. Ensure you receive a thorough medical evaluation and that your symptoms and the medical care received are well-documented.
2. Document Everything Meticulously:
   • Keep detailed records of the vaccination itself (date, time, location, type of vaccine, and provider's name).
   • Note the onset and progression of all symptoms, however minor they may seem.
   • Maintain copies of all medical records, including doctor's visits, hospitalizations, test results, and prescribed treatments related to the injury.
   • Keep receipts for all related expenses, including medical bills and lost wages.
3. Report the Adverse Event: Consider reporting the adverse event to the Vaccine Adverse Event Reporting System (VAERS). This is a national early warning system co-managed by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA). While reporting to VAERS does not initiate a legal claim, it contributes to vaccine safety monitoring.
4. Preserve Any Physical Evidence: If relevant (though rare in vaccine cases unless it involves packaging or a defective device), preserve any physical items.
5. Consult with an Experienced Florida Vaccine Injury Lawyer: Navigating the complexities of vaccine injury claims, whether through the VICP or as a medical malpractice lawsuit in Florida, requires specialized legal knowledge. An attorney can evaluate the specifics of your case, explain your legal options, and guide you through the appropriate process.

The Challenge of Proving Causation in FL Vaccination Injury Claims

One of the most significant hurdles in any vaccination injury claim, whether in the VICP or a malpractice suit, is proving causation. This means establishing a clear and scientifically supported link between the vaccine (or its negligent administration) and the injury sustained.

• Medical Expert Testimony: In medical malpractice cases, and often in off-Table VICP cases, testimony from qualified medical experts is indispensable. These experts will review medical records, scientific literature, and the specifics of the case to opine whether the vaccine or the provider's negligence more likely than not caused the injury.
• Temporal Association: While the timing of symptom onset after vaccination can be suggestive, it is rarely sufficient on its own to prove causation. A strong temporal relationship must often be supported by medical and scientific evidence.

When working with an attorney, they will collaborate with reputable medical experts to build the strongest possible case for causation based on the available evidence and prevailing scientific understanding.

Injuries from the COVID-19 Vaccine Involve a Distinct Legal Procedure

Currently, the Countermeasures Injury Compensation Program (CICP), not the Vaccine Injury Compensation Program (VICP), addresses injuries from COVID-19 vaccines. The CICP provides narrower compensation and prohibits legal representation or appeals, similar to the VICP.

Currently, there are federal discussions about transferring COVID-19 vaccine coverage to the VICP now that the pandemic's acute phase has subsided. Despite these differences, if you've experienced a COVID-19 vaccine-related injury, consulting a vaccine injury lawyer can still be beneficial for navigating the application process and preventing mistakes.

Recoverable Damages in Florida Vaccine Injury and Malpractice Claims

If your vaccination injury claim is successful, Florida law allows for the recovery of various types of damages, intended to compensate the injured party for their losses. These may include:

• Medical Expenses: All reasonable and necessary medical costs, both past and future, related to the treatment of the vaccination injury. This can encompass hospital stays, surgeries, doctor visits, medications, rehabilitation, therapy, and assistive devices.
• Lost Wages: Compensation for income lost due to the inability to work because of the injury, as well as for any reduction in future earning ability if the injury results in long-term or permanent disability.
• Pain and Suffering: Compensation for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life experienced as a result of the injury. Florida law has certain caps and requirements for non-economic damages in medical malpractice cases, which we can explain based on your specific circumstances.
• Loss of Consortium: In some cases, the spouse of the injured person may be able to claim damages for the loss of companionship, services, and affection.
• Wrongful Death Damages: If a vaccination injury tragically results in death due to medical negligence, surviving family members may be entitled to file a wrongful death claim to recover damages such as lost support and services, funeral expenses, and loss of companionship.

The specific damages recoverable will depend entirely on the facts and circumstances of each individual case.

Brandon J. Broderick, Attorney at Law, Can Assist You After a Vaccine Injury in Florida

Navigating vaccine injuries is a challenging ordeal. At Brandon J. Broderick, Attorney at Law, our commitment is to be by your side, offering not just our legal expertise in navigating the National Vaccine Injury Compensation Program but also the compassionate support you need during this incredibly difficult time. You do not have to face this journey alone. Allow us to shoulder the legal burden and champion your rights with dedication and care. We invite you to contact us for a confidential, no-cost consultation to discuss your situation and learn how we can help you move forward.